Bigleben v. Henry

The sole question here presented for decision is whether or not under the facts hereinafter set forth the proof of the probate in common form before the clerk in vacation of the purported last will and testament of Josephine Theresa Bigleben, deceased, was prima facie evidence of the validity of the will on the trial of an issue of devisavit vel non in the court below. A few days after the presentation to the clerk of the instrument and the affidavits of the subscribing witnesses thereto, the heirs at law of the alleged testatrix, other than the appellee, Mrs. Christine B. Henry, daughter of…